JOHNS v. PEOPLE

No. 24521.

497 P.2d 1253 (1972)

Joe L. JOHNS, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, In Department.

June 19, 1972.


Attorney(s) appearing for the Case

Rollie R. Rogers, Colorado State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Natalie S. Ellwood, Lee Belstock, Deputy Public Defenders, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Michael T. Haley, Jack E. Hanthorn, Asst. Attys. Gen., Denver, for defendant in error.


HODGES, Justice.

Defendant Johns was found guilty by a jury of possession of narcotic drugs (heroin). On writ of error, he contends that the trial court erred in not granting his motion for judgment of acquittal on the ground that the evidence lacked the required sufficiency to support his conviction of possession. We agree. The judgment of the trial court is reversed.

Denver policemen, pursuant to a search warrant, entered and searched an apartment. They...

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